HomeMy WebLinkAbout20180595.tiffCOLORADO
Division of Fire
Prevention & Control
Department of Public Safety
690 Kipling Stree, Suite 2000
Lakewood, CO 80215
February 21, 2018
RE: Open Comment for 8 CCR 1507-12, Persons Dealing with Fireworks
Dear Local and State Governmental Stakeholders and Colleagues:
RECEIVED
FEB 2 2 2018
COMMISSIONERS
Pursuant to Colorado State Executive Order D2011-005, (EO-5), revised August 4, 2017, the Division of Fire Prevention and
Control (DFPC) is providing notice of rulemaking regarding 8 CCR 1507-12, Persons Dealing with Fireworks, and providing
opportunity for comment from other state and local governmental entities.
DFPC is preparing to promulgate permanent rules as authorized by §24-33.5-1201, 24-33.5-1203, 24-33.5-1204.5 and
24-33.5-1206 CRS. Included with this letter is a draft copy of these rules for you to consider when developing your
response. Our request is that you address the following:
1. What is your local government's position on the proposed rule?
2. Will the proposed rule create a mandate on your local government?
3. If the rule creates a new mandate, which of the following four categories most accurately describes the mandate
in your opinion:
a. Necessitated by Federal Law, State Law, or a Court Order
b. Caused by the State's participation in an optional Federal program
c. Imposed by the sole discretion of a State Rulemaking Agency
4. Will the proposed rule increase costs for your local government? If so, what are those new costs?
5. Will the proposed rule require your local government to hire new personnel? If so, how many new full-time
equivalent positions will be required?
Written comments on these rules are invited and will be received through March 12, 2017. Comments sent by US Mail
should be sent to 700 Kipling Street, Suite 4100, Lakewood, CO 80215 to the Attention of Chief Rob Geislinger; comments
sent by email may be sent directly to Chief Geislinger at rob.geislinger@state.co.us.
DFPC is committed to maintaining clear and open communication with all stakeholders throughout this rulemaking
process. Please do not hesitate to contact Chief Geislinger at 303-239-4101 with any questions, or if you would like to be
included in future notices of rulemaking events.
We thank you for your support and commitment to this process.
Sincerely,
Rob Geislinger
Section Chief
303-29-4101
rob.geislinger@state.co.us
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From: jake.miller@state.co.us
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dwarden@co.weld.co.us, laura.schroetlin@phillipscounty.co
Cc:
Subject: Division of Fire Prevention and Control Rulemaking Re: Persons
Dealing with Fireworks
Attachments: Firework Rule Redline.pdf, Outreach Letter Re Fireworks Rulemaking.pdf
Ths iaitiiiir Wit* aa3i
Please see the attached regarding an upcoming rulemaking to be completed by the Division of Fire Prevention and Control related to the rules for
Persons Dealing with Fireworks.
Also, please be aware that this email may be automatically encrypted by the Colorado State's IT processes and, as a result, may appear in an
unusual format. This is in no way a phishing or other scam email and will not harm your computer.
Thank you,
Jake Miller
Compliance Officer
Compliance and Professional Standards Office
AV
COLORADO
Department of Public Safety
earwve Chrectors one•
P 303.239.4119 I C 720.607.1594
690 Kipling St., Suite 2000, Lakewood, CO 80215
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DEPARTMENT OF PUBLIC SAFETY
Division of Fire Prevention and Control
PERSONS DEALING WITH FIREWORKS
8 CCR 1507-12
CHAPTER I SCOPE AND DEFINITIONS
1.0 PURPOSE
This regulation is promulgated to establish minimum requirements and standards for licenses to sell,
store, or use fireworks in the interest of the life, health and safety of employees and the general public, as
well as the protection of property.
101 AUTHORITY
The Executive Director of the Department of Public Safety is authorized to promulgate rules and
regulations for the licensing of persons dealing with fireworks pursuant to C.R.S. 24-33.5-2004(7)12-28--
104(7). Within the Department of Public Safety, the Director of the Division of Fire Prevention and Control
shall administer these rules and regulations.
1e2 SCOPE
These rules and regulations shall apply to the possession, sale, storage, and use of fireworks in the State
of Colorado by any person.
For a thorough understanding of all requirements concerning the possession, sale, storage, and use of
fireworks in Colorado, these rules must be used in conjunction with Article 33.528 of Title 12224, Colorado
Revised Statutes; as amended and contained in Senate Bill 91-51.
These rules do not supersede, and are to be used in conjunction with any other state and federal laws
and regulations concerning the manufacture, sale, storage, transportation and use of fireworks.
These rules and regulations shall not apply to:
(a) The use of fireworks by railroads or other transportation agencies for signal purposes or
illumination.
(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in
athletics or sports, or for use by military organizations.
(c) Fireworks which are used in testing or research by a licensed explosives laboratory.
(d) The sale, purchase, possession, or use of fireworks distributed by the Division of Wildlife for
agricultural purposes under conditions approved by said Division.
(e) Toy caps which do not contain more than sixteen milligrams of pyrotechnic composition per
cap.
(f) Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency
signal devices.
(g) Educational rockets and toy propellant device type engines used in such rockets when such
rockets are of nonmetallic construction and utilize replaceable engines or model cartridges
containing less than two ounces of propellant and when such engines or model cartridges are
designed to be ignited by electrical means.
(h) The transportation of fireworks when such transportation is under the jurisdiction of the U.S.
Department of Transportation.
(i) The manufacture, transportation, and storage of fireworks by federal and state military
agencies.
1a3 DEFINITIONS
The definitions contained in C.R.S. 12 28 10124-33.5-2001 shall apply to these rules and regulations. In
addition, the following words, when used in these rules and regulations, shall mean:
APPROVAL, APPROVED or AUTHORIZED: Acceptable to the Director of the Division or the "authority
having jurisdiction."
AUTHORITY HAVING JURISDICTION: The organization, office or individual responsible for "approving"
equipment, an installation or a procedure.
CERTIFIED FIREWORKS DISPLAY OPERATOR: A person certified by the Division to conduct fireworks
displays.
CERTIFIED PYROTECHNIC OPERATOR: A person certified by the Division to conduct pyrotechnic
special effect performances.
C.F.R.: Code of Federal Regulations.
C.R.S.: Colorado Revised Statutes.
DEPARTMENT: The Colorado Department of Public Safety.
DIRECTOR: The Director of the Division of Fire Prevention and Control located within the Colorado
Department of Public Safety.
DISCHARGE SITE: The area immediately surrounding the display fireworks mortars used for an outdoor
fireworks display.
DISPLAY FIREWORKS: Large fireworks designed primarily to produce visible or audible effects by
combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more
than one hundred thirty milligrams of explosive material, aerial shells containing more than forty grams of
pyrotechnic composition, and other display pieces which exceed the limits of explosive materials for
U.S.D.O.T. classification as "consumer fireworks." Display fireworks are classified as Class B explosives
by the U.S.D.O.T.
DIVISION: The Division of Fire Prevention and Control in the Colorado Department of Public Safety.
EXECUTIVE DIRECTOR: The Executive Director of the Colorado Department of Public Safety.
2
EXPLOSIVE: Any chemical compound, mixture, or device, the primary or common purpose of which Is to
function by explosion. The term includes, but is not limited to: dynamite, black powder, pellet powder,
igniting explosives, detonators, squibs, detonating cord, igniter cord, and igniters.
FALLOUT AREA: The area over which aerial shells are fired. The shells burst over this area, and unsafe
debris and malfunctioning aerial shells fall into this area. The fallout area is the location where a typical
aerial shell dud will fall to the ground considering wind and the angle of mortar placement.
FIREWORKS DISPLAY: An outdoor display of aerial shells and/or ground pieces conducted by a certified
fireworks display operator and performed as entertainment, or a special effect performance utilizing
pyrotechnic materials and devices before a live audience.
FIREWORKS PLANT: All land and buildings thereon used for in connection with the manufacture,
research or processing of fireworks, including storage buildings used with or in connection with plant
operation.
GROUND DISPLAY PIECE: A pyrotechnic device that functions on the ground (as opposed to an aerial
shell that functions in the air). Typical ground display pieces include fountains, roman candles and
wheels.
HIGHWAY: Any public street, public alley or public road.
INSPECTOR: An Inspector of the Division.
LOCAL AUTHORITY: The duly authorized fire department, police department, or sheriff's department of a
local jurisdiction.
MAGAZINE: Any building or structure, or container, other than a fireworks plant, approved and used
exclusively for the storage of explosive materials.
MONITOR: A person designated by the sponsors of a fireworks display to keep the audience in the
intended viewing area and out of the discharge site and fallout area.
MORTAR: A tube from which aerial shells are fired into the air.
MOTOR VEHICLE: Any self-propelled vehicle, truck, tractor, semi -trailer, or truck -trailer combination used
for the transportation of freight over public highways.
NFPA: National Fire Protection Association.
OPERATOR: The person with overall responsibility for safety and the setting up and discharge of a
fireworks display.
PERMISSIBLE FIREWORKS: Those small firework devices designed primarily to produce visible effects
by combustion and which are listed in, and comply with the construction, chemical composition, and
labeling requirements of C.R.S. 12-28 10124-33.5-2001. Some small devices designed to produce
audible effects are included, such as whistling devices. Permissible fireworks burn without explosion, and
do not produce a loud report, and no device or component shall, upon functioning, project or disburse any
metal, glass, or brittle plastic fragments.
PYROTECHNIC COMPOSITION: A chemical mixture, which upon burning and without explosion,
produces visible, brilliant displays, bright lights, or sounds.
3
PYROTECHNIC OPERATOR: The person with responsibility for pyrotechnic safety and who controls,
initiates, or otherwise creates special effects. The pyrotechnic operator is also responsible for storing,
setting up, and removing pyrotechnic materials after a performance.
PYROTECHNIC SPECIAL EFFECT PERFORMANCES: A special effect created through the use of
pyrotechnic materials and devices performed by a Certified Pyrotechnic Operator for the entertainment of
a live audience.
S HALL: Indicates a mandatory requirement.
S HOULD: Indicates a recommendation or that which is advised but not required.
STORAGE BUILDING: Any building, structure, or facility in which Common Fireworks (Class C
Explosives) in any state of processing, providing there is no exposed pyrotechnic material, but in which
no processing, manufacturing or sale is actually performed.
U .S.D.O.T.: United States Department of Transportation.
CHAPTER II GENERAL PROVISIONS
2.1 GENERAL PROVISIONS
Except as provided in C.R.S. 12 28 10124-33.5-2001 through 12 28 11124-33.5-2011 and these rules
and regulations, no person shall possess or discharge any fireworks, other than permissible fireworks,
anywhere in Colorado.
Except as provided in C.R.S. -, as-9-1-24-33.5-2001through 12 -28 11124-33.5-2011 and these rules
and regulations, no person shall offer for sale, expose for sale, sell, deliver, consign, or have in his
possession with the intent to offer for sale, any fireworks including permissible fireworks, unless said
person is licensed to conduct such activity by the Division, and has obtained a permit, if any, required by
the local authority.
2.2 SALE OF FIREWORKS TO JUVENILES
Except as provided in paragraph 2.3, no person shall furnish, by gift, sale or other means, any fireworks,
including permissible fireworks, to any person who is under sixteen years of age.
2.3 PURCHASE, POSSESSION OR DISCHARGE OF FIREWORKS BY JUVENILES
No person under sixteen years of age may purchase any fireworks, including permissible fireworks.
N o person under sixteen years of age may possess or discharge any permissible fireworks unless such
person is under adult supervision during these acts. Adult supervision shall mean that a responsible adult
is in the immediate vicinity of the juvenile, in order to oversee the activities of the juvenile and to remedy
any unsafe acts.
2.4 CODES AND STANDARDS
The following codes and the standards referenced therein are adopted and promulgated as minimum
standards for persons dealing with fireworks in accordance with C.R.S. 24-4-103 (12.5):
2.4.1 49 C.F.R. Part 173 as of January 30th, 2015; U.S. Department of Transportation.
2.4.2 International Building Code - 2015 Edition, First Printing: May 2014 (Copyright 2014 by
International Code Council, Inc. Washington, D.C.).
4
2.4.3 International Fire Code - 2015 Edition, First Printing: May 2014 (Copyright 2014 by
International Code Council, Inc. - Washington, D.C.), including Appendices B and C.
2.4.4 International Mechanical Code - 2015 Edition, First Printing: May2014 (Copyright 2014by
International Code Council, Inc. - Washington, D.C.).
2.4.5 NFPA1124, Code for the Manufacture, Transportation, and Storage, and Retail Sales of
Fireworks and Pyrotechnic Articles - 2013 Edition, Final Printing: August 2014 (Copyright
2014 by National Fire Protection Association — Quincy, MA).
2.4.6 NFPA1123, Code for Fireworks Display- 2014 Edition, Final Printing: August 2013
(Copyright 2013 by National Fire Protection Association — Quincy, MA).
2.4.7
NFPA1126, Code for the Use of Pyrotechnics Before a Proximate Audience- 2011
Edition, Final Printing: December 2009 (Copyright 2010 by National Fire Protection
Association — Quincy, MA).
2.5 The Division shall maintain copies of the complete texts of the adopted codes, which are
available for public inspection during regular business hours. Interested parties may inspect the
referenced incorporated materials by contacting the Fire & Life safety Section Chief at the Division, 700
Kipling St, Suite 4100, Denver, CO 80215. Telephone number: (303) 239-4100. Copies will be made
available for a reasonable charge.
2.6 In the event that a new edition of the code is adopted, the code current at the time of
permit application shall remain in effect throughout the work authorized by the permit.
2,7 This Rule does not include later amendments or editions of the incorporated material
2.5 REGULATION BY MUNICIPALITIES AND COUNTIES
These Rules shall not be construed to prohibit the imposition by municipal or county ordinance of further
regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible
fireworks, within the corporate limits of any city, town, or all or any part of the unincorporated areas of a
county, but no such city, town, or county shall permit or authorize the sale, use, or possession of any
fireworks in violation of C.R.S. 1,428 10124-33.5-2001 through 24-33.5-201112 28 111 and these Rules.
CHAPTER III PERMISSIBLE FIREWORKS
3a1 GENERAL
Unless otherwise restricted by the ordinances or resolutions of any municipality or other governing body
authorized by law to restrict the sale, possession or use of fireworks, the following fireworks may be sold
to, possessed by, and/or used by the general public, when such sale, possession and/or use is in
accordance with C.R.S. 12 28 10124-33.5-201 through 12 28 11124-33.5-2011 and these rules and
regulations:
(a) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams each for
a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic
composition of no more than two hundred grams.
(b) Cone fountains, total pyrotechnic composition not to exceed fifty grams each for a single cone
or, when more than one cone is mounted on a common base, a total pyrotechnic composition of
no more than two hundred grams.
5
(c) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two
hundred grams for each complete wheel.
(d) Ground spinner, a small device containing not more than twenty grams of pyrotechnic
composition venting out of an orifice usually in the side of the tube. Ground spinners operate
similar to a wheel, but are intended to be placed flat on the ground.
(e) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed
two hundred grams each in weight.
(f) Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one
hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five
grams.
(g) Any of the following that do not contain more than fifty milligrams of explosive composition:
(1) Explosive auto alarms;
(2) Toy propellant devices;
(3) Cigarette loads;
(4) Strike -on -box matches; or
(5) Other trick noise makers.
(h) Snake or glow worm, pressed pellets of not more than two grams of pyrotechnic composition
and packaged in retail packages of not more than twenty-five units.
(i) Fireworks which are used exclusively for testing or research by a licensed explosives
laboratory.
(j) Multiple tube devices with:
(1) Each tube individually attached to a wood or plastic base;
(2) The tubes separated from each other on the base by a distance of at least one-half of
one inch;
(3) The effect limited to a shower of sparks to a height of no more than fifteen feet above the
ground;
(4) Only one external fuse that causes all of the tubes to function in sequence; and
(5) A total pyrotechnic composition of no more than five hundred grams.
3.2 LICENSE REQUIRED
No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for
retail, unless said person is licensed as a fireworks retailer.
CHAPTER IV FIREWORKS LICENSING
4.1 GENERAL PROVISIONS
No person shall purchase, possess, keep, sell or offer for sale, give away, use, or dispose of in any
manner any fireworks, except permissible fireworks, unless said person holds a valid license from the
Department of Public Safety.
No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for
retail, unless said person is licensed as a fireworks retailer.
Application for a fireworks license shall be made to the Division in a format prescribed by the Director and
shall contain such information as the Director may require.
6
I
)
E
Application for a fireworks license shall be filed with the Division at least thirty days before the start of
activities for which the license is required.
Payment of the fee must accompany the application for a license to the Division.
Licenses issued under these rules and regulations shall be dated and numbered. Each license will
indicate the class of license and will be valid through September 1 of the year following the date on which
the license was issued. Exception: a retailer of fireworks license shall be valid only for the calendar year
in which it is issued.
Where application for a fireworks license is made in the name of a corporation or company, the
application shall also include the name of the person who will be responsible for compliance with the
provisions of Article 33.52' of Title 2442, C.R.S., and any rules promulgated thereunder.
Where application for a fireworks license is made in the name of a corporation or company, a copy of the
Certificate of Good Standing from the Secretary of State must be filed with the application.
Where business is to be conducted under a fictitious name, a copy of the trade name affidavit as filed with
the Colorado Department of Revenue must be filed with the application.
All applicants for a fireworks license will be subject to a background investigation, including, but not
limited to: criminal history, reference checks and review of fireworks records.
In the event that an application for a fireworks license is incomplete, the applicant shall have 180 days in
which to submit additional required documentation, after which the initial application shall be void.
Processing fees in accordance with 13.1 shall be forfeited.
402 CLASSES OF FIREWORKS LICENSES
Following are the classes of fireworks licenses required by C.R.S. =12 2840424-33.5-2004 and these
Rules, and the general activities permitted by such license:
(a) RETAILER OF FIREWORKS LICENSE: To sell, offer for sale, expose for sale, or possess
with intent to sell permissible fireworks at retail.
(b) DISPLAY RETAILER OF FIREWORKS LICENSE: To sell deliver, consign, give or furnish
fireworks to any person authorized to conduct a fireworks display in Colorado.
(c) WHOLESALER OF FIREWORKS LICENSE: To sell, deliver, consign, give or furnish
permissible fireworks to a retailer for resale in Colorado.
(d) EXPORTER OF FIREWORKS LICENSE: To sell, deliver, consign, give or furnish fireworks for
export outside of Colorado.
403 LICENSE RESTRICTIONS
No license holder shall sell, deliver, consign, give, or furnish fireworks except in compliance with C.R.S.
12 28 -0424-33.5-2001 through 24-33.5-201112 28 1-14 and these Rules.
No person shall have any fireworks, except permissible fireworks, in his possession or control without a
license required by C.R.S. 24-33.5-200442c2&104 and these Rules.
7
4.4 PROTECTION AND EXHIBITION OF LICENSES
License holders shall take every reasonable precaution to protect their licenses from loss, theft,
defacement, destruction or unauthorized duplication.
The loss or theft of any license shall be reported immediately to the Division.
Licenses shall be prominently displayed at the location where fireworks are sold.
4.5 REPORTS OF ACCIDENTS, FIRES AND INJURIES
Any accident, fire or injury which occurs in connection with the manufacture, sale, transportation, storage,
or use of fireworks, and known to the license holder, shall be reported immediately by the license holder
to the Division, and local fire and law enforcement authorities whenever there is loss of life, injury to any
person, or damage to property.
4.6 RECORDS OF TRANSACTIONS - GENERAL REQUIREMENTS
Unless otherwise required by C.R.S 12-23401-24-33.5-2001 through 24-33.5-201112-23-W and these
Rules, all license holders shall keep a complete record of all transactions involving fireworks for two years
following the year in which the transactions occurred. An accumulation of invoices, sales slips, delivery
tickets, bills of lading, or receipts or similar papers representing individual transactions will satisfy the
general requirements of complete records. The specific record- keeping requirement for each class of
license is found herein under the heading for the class of license.
Such records must be retained by the license holder and furnished to the Division during normal business
hours upon request.
4.7 LICENSE CHANGES
The Division shall be notified within twenty-four hours when:
(a) The permanent address of a person who possesses a fireworks license is changed.
(b) The ownership of any business possessing fireworks licenses is changed.
(c) The person who is responsible for compliance with the provisions of Article 33.528 of Title
X24, C.R.S. is changed.
(d) The location of a retail sales outlet is changed and the address of the new location.
Failure of the license holder to provide such information shall result in the license being void.
4.8 DENIAL, SUSPENSION OR REVOCATION OF A LICENSE
A license for the sale or use of fireworks may be denied, suspended, or revoked by the Executive Director
because of:
(a) Violations of any of the provisions of Article x-33.5 of Title `I-224, C.R.S., and any rules
promulgated thereunder;
8
(b) A conviction of any felony, but subject to the provisions of C.R.S. 24-5-101;
(c) A conviction pursuant to C.R.S. 24-33.5-201012 28 110;
(d) Any material misstatement, misrepresentation, or fraud in obtaining a fireworks license.
4.9 PROCEDURE ON DENIAL, SUSPENSION OR REVOCATION
In any case where the Executive Director denies, suspends, or revokes a license, the Department shall
notify the applicant or license holder. Said notice shall state the reasons for denial, suspension or
revocation and state that upon a written request a hearing before the issuing authority shall be held.
Upon notice of the revocation or suspension of any license, the former license holder shall immediately
surrender to the Executive Director of the Department of Public Safety the license and all copies thereof.
The period of denial, suspension or revocation shall be within the sound discretion of the Executive
Director.
Any hearing requested pursuant to this section shall be conducted by the Executive Director or an
Administrative Law Judge on behalf of the Executive Director pursuant to the provisions of the "State
Administrative Procedure Act", Article 4 of Title 24, C.R.S.
Any person aggrieved by the decision or order of the Executive Director of the Department may seek
judicial relief pursuant to the provisions of C.R.S. 24-4-106.
CHAPTER V RETAILER OF FIREWORKS LICENSE
5.1 GENERAL
No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for
retail until that person first obtains a retailer of fireworks license from the Division and the permit, if any,
required by the authority having jurisdiction.
No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks
which have not been purchased by a wholesaler licensed by the State of Colorado.
A retailer of fireworks license will permit only such sales as provided by Title -1-224, Article 33.528, C.R.S.
5.2 ACTIVITIES PERMITTED
The only activity permitted under this license is the sale, or possession with intent to sell permissible
fireworks for retail to the public.
Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the
authority having jurisdiction.
5.3 LICENSE PROVISIONS
Application for a retailer of fireworks license shall be made to the Division at least thirty days prior to the
start of permitted activities.
A retailer of fireworks license shall be good only for the calendar year in which it is issued and shall apply
to only one retail location.
The license shall be prominently displayed at the place of business of the licensed retailer.
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5.4 VERIFICATION REQUIRED FOR SALES
For all sales, the retailer must verify that the purchaser is over sixteen years of age by way of inspecting
the purchaser's driver's license or other state or federally -issued identification card.
5.5 RECORD OF TRANSACTIONS
A retailer of fireworks shall keep available for inspection a copy of each invoice for fireworks purchased.
Such invoice shall show the license number of the wholesaler from whom such fireworks were purchased.
Said records shall be maintained for as long as any fireworks included on the invoice am held in such
person's possession.
CHAPTER VI DISPLAY RETAILER OF FIREWORKS LICENSE
6.1 GENE
L
No person shall sell, deliver, consign, give, or furnish fireworks to any person authorized by C.R.S. 24-
33.5-2003-1-a-28 103 and these rules and regulations to conduct a fireworks display in Colorado until that
person first obtains a display retailer of fireworks license from the Division and the permit, if any, required
by the authority having jurisdiction.
A display retailer of fireworks license will permit only such sales as provided by Title -1-224, Article 33.52g,
C.R.S.
6.2 ACTIVITIES PERMITTED
The only activity permitted under this license is the sale of display fireworks and fireworks displays to
sponsors of fireworks displays or certified fireworks display operators who are holders of permits for
fireworks displays.
Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the
authority having jurisdiction.
6.3 LICENSE PROVISIONS
Application for a display retailer of fireworks license shall be made to the Division at least thirty days prior
to the start of permitted activities.
A display retailer of fireworks license shall be valid through September 1 of the year following the date on
which the license was issued.
The license shall be prominently displayed at the place of business of the licensed display retailer.
6.4 VERIFICTION REQUIRED FOR SALES
For all sales, the display retailer must verify that the display will be conducted by a certified fireworks
display operator and that the sponsor holds a current and valid permit for a fireworks display.
CHAPTER VII WHOLESALER OF FIREWORKS LICENSE
7.1 GENERAL
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No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in
Colorado until that person first obtains a wholesaler of fireworks license from the Division and the permit,
if any, required by the authority having jurisdiction.
A wholesaler of fireworks license will permit only such sales as provided by Title 4224, Article 33.5a
C.R.S.
7.2 ACTIVITIES PERMITTED
The only activity permitted under this license is the sale, delivery, consignment, gift or otherwise providing
permissible fireworks to a retailer for resale in Colorado.
Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the
authority having jurisdiction.
7.3 LICENSE PROVISIONS
Application for a wholesaler of fireworks license shall be made to the Division at least thirty days prior to
the start of permitted activities.
A wholesaler of fireworks license shall be valid through September 1 of the year following the date on
which the license was issued.
The license shall be prominently displayed at the place of business of the licensed wholesaler.
7.4 VERIFICATION REQUIRED FOR SALIES
For all sales, the wholesaler must verify that the purchaser is a holder of a valid retailer, display retailer, or
exporter of fireworks.
CHAPTER VIII EXPORTER OF FIREWORKS LICENSE
8.1 GENE L
No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that
person first obtains an exporter of fireworks license from the Division and the permit, if any, required by
the authority having jurisdiction.
An exporter of fireworks license will permit only such sales as provided by Title 1224 Article 33.528,
C.R.S.
8.2 ACTIVITIES PERMITTED
The only activity permitted under this license is the sale, delivery, consignment, gift or otherwise providing
fireworks for export outside of Colorado.
Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the
local authority.
8.3 LICENSE PROVISIONS
Application for an exporter of fireworks license shall be made to the Division at least thirty days prior to
the start of permitted activities.
An exporter of fireworks license shall be valid through September 1 of the year following the date on
which the license was issued and shall apply to only one retail location.
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The license shall be prominently displayed at the place of business of the licensed exporter.
8.4 VERIFICATION REQUIRED FOR SALES
For all permitted sales, the exporter must verify that the purchaser:
(a) holds a valid motor vehicle driver's license issued by a state other than Colorado, and holds a
valid motor vehicle registration issued by a state other than Colorado; or
(b) holds a valid Colorado motor vehicle driver's license, and holds a valid wholesale, retail or
resale license issued by a state or local authority located outside the State of Colorado.
8.5 RECORD OF TRANSACTIONS
An exporter of fireworks shall keep available for inspection a copy of each bill of lading for fireworks sold.
Such bill of lading must, at a minimum, show:
(a) The full legal name and address of the purchaser; and
(b) The quantity and type of firework sold.
The sale of fireworks for transport in the purchaser's vehicle is prohibited unless:
(a) The purchaser provides, and the exporter records, proof of a valid motor vehicle driver's
license issued by a state other than Colorado and proof of ownership of lawfully registered
transport vehicle licensed in a state other than Colorado; or
(b) The purchaser provides, and the exporter records, proof of a valid motor vehicle driver's
license issued by the state of Colorado and furnishes a valid wholesale or retail license
number or resale license number issued by the governing body of a state or local authority
located outside of the state of Colorado.
Said records shall be retained by the license holder for three years following the year in which the
transactions occurred.
CHAPTER IX STORAGE OF FIREWORKS
9A GENERAL
All storage of fireworks shall be in accordance with the building and fire codes adopted by the governing
body. If the governing body has not adopted a fire code, all storage of fireworks shall be in accordance
with the Fire Code indicated in paragraph 2.4.3.
CHAPTER X FIREWORKS PERMITS
101 GENERAL
Any governing body has the power to grant nontransferable and nonassignable permits within the area
under its jurisdiction for the storage of fireworks or for:
(a) the facilities used for the retail sales of fireworks, including permissible fireworks.
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(b) displays of fireworks by any person, fair association, amusement park, or other organizations
or groups.
10.2 PERMIT REQUIRED
Prior to the start of permitted activities, the holder of any license pursuant to C.R.S.-2--28 10124-33.5-
2004 and these Rules must obtain a permit, if any required, from the governing body.
Application for permits pursuant to C.R.S. -1-x--28-10324-33.5-2003 and these Rules shall be made to the
governing body at least thirty days prior to the start of permitted activities, unless otherwise required by
the authority having jurisdiction.
CHAPTER XI DISPLAY OF FIREWORKS
11.1 GENERAL PROVISIONS
No fireworks display shall be conducted in the State of Colorado without a valid permit if required by the
local authority. No permit shall be required for fireworks displays conducted by the Colorado State Fair
Authority or any other governing body.
These provisions apply to both outdoor fireworks displays and pyrotechnic special effect performances.
11.2 PERMIT PROVISIONS
All fireworks display permits shall be valid for only one date or event and location and shall expire the day
following the permitted date. An alternate date shall be permitted should the display or event covered by
the permit be postponed.
The application for a fireworks display permit shall be accompanied by a site plan, evidence of financial
responsibility, and a check or money order in payment of any required fee.
No permit for a fireworks display shall be issued to any person unless said person is a certified fireworks
display operator or a certified pyrotechnic operator, whichever classification is appropriate.
11.3 CONDUCT OF FIREWORKS DISPLAY
All fireworks displays performed in the State of Colorado must be conducted by a certified fireworks
display operator or a certified pyrotechnic operator, whichever classification is appropriate.
In addition to any other requirements of the authority having jurisdiction, any outdoor fireworks display
conducted in the State of Colorado must be performed in accordance with the requirements of NEPA
1123-2014; Code for the Outdoor Display of Fireworks.
Any pyrotechnic special effect performances must be performed in accordance with the requirements of
the authority having jurisdiction.
Unless otherwise required by the authority having jurisdiction, the display site shall be set-up and ready
for inspection a minimum of sixty (60) minutes prior to the start of the display.
Prior to conducting an authorized fireworks display, the operator shall conduct an inspection of the display
site.
11.4 REPORTS OF ACCIDENTS, FIRES AND INJURIES
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Any pyrotechnics -related accident, fire or injury which occurs in connection with an authorized fireworks
display, and known to the operator, shall be reported immediately by the operator to the Division, and
local fire and law enforcement authorities
CHAPTER XII FIREWORKS DISPLAY OPERATOR CERTIFICATION
12.1 GENERAL PROVISIONS
No person shall be certified as a fireworks display operator unless he has passed a general knowledge
fireworks examination, except that any person who holds a valid fireworks display operator certification
from an approved national fireworks organization may request a waiver of the required examination.
Any person who has actively participated in at least five fireworks displays and has satisfactory
references may request a waiver of the required examination.
12.2 APPLICATION FOR CERTIFICATION
Application for certification as a fireworks display operator shall be filed with the Division on forms
prescribed by the Director and shall contain such information as the Director may require.
Application for certification as a fireworks display operator shall be filed with the Division at least thirty
days before the date of any fireworks display to be conducted by the applicant.
Payment of the fee required by these rules and regulations must accompany the application for
certification to the Division.
Certification issued under these rules and regulations shall be dated and numbered and shall be valid for
a period of three years unless earlier revoked.
In the event that an application for a fireworks certification is incomplete, the applicant shall have 180
days in which to submit additional required documentation, after which the initial application shall be void.
Processing fees in accordance with 13.1 shall be forfeited.
Renewal of the certification shall be granted to an operator without the need to retest, provided: (a) they
are in good standing with the Division; and (b) they have actively participated in at least three fireworks
displays during the previous three year period.
12.3 GENERAL KNOWLEDGE EXAMINATION
A General Knowledge Fireworks Examination designed to indicate that personnel who handle display
fireworks in the State of Colorado have a minimum understanding of safety requirements and State
regulations, shall be administered to all persons who apply for certification as an operator of fireworks
displays. This examination shall be developed or approved by the Director. Length and content of the
examination and the passing grade will be at the discretion of the Director.
Any person may retake the examination when a passing grade is not achieved; however, a waiting period
of thirty (30) days is required after each unsuccessful attempt.
Applicants may receive three successive examination attempts. Should the applicant fail the examination
on the third attempt, he will not be allowed to retake the examination until he produces evidence of
satisfactory completion of an approved program of instruction in conducting fireworks displays.
A thirty dollar ($30) nonrefundable fee will be assessed for each attempt to pass the General Knowledge
Fireworks Examination.
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A company or corporation which utilizes a training and testing program to qualify their personnel may
petition the Division to use this test in lieu of this General Knowledge Fireworks Examination.
CHAPTER XIII PYROTECHNIC OPERATOR CERTIFICATION
13.1 GENERAL PROVISIONS
No person shall be certified as a pyrotechnic operator unless he has passed a general knowledge
fireworks examination, except that any person who holds a valid pyrotechnic operator certification from an
approved national fireworks organization may request a waiver of the required examination.
Any person who has actively participated in at least five performances where pyrotechnic materials were
used may request a waiver of the required examination.
13.2 APPLICATION FOR CERTIFICATION
Application for certification as a pyrotechnic operator shall be filed with the Division on forms prescribed
by the Director and shall contain such information as the Director may require.
Application for certification as a pyrotechnic operator shall be filed with the Division at least thirty days
before the date of any fireworks display to be conducted by the applicant.
Payment of the fee required by these rules and regulations must accompany the application for
certification to the Division.
Certification issued under these rules and regulations shall be dated and numbered and shall be valid for
a period of three years unless earlier revoked.
In the event that an application for a fireworks certification is incomplete, the applicant shall have 180
days in which to submit additional required documentation, after which the initial application shall be void.
Processing fees in accordance with 13.1 shall be forfeited.
Renewal of the certification shall be granted to an operator without the need to retest, provided: (a) they
are in good standing with the Division; and (b) they have actively participated in at least three pyrotechnic
displays during the previous three year period.
13.3 GENERAL KNOWLEDGE EXAMINATION
A General Knowledge Fireworks Examination designed to indicate that personnel who handle display
fireworks in the State of Colorado have a minimum understanding of safety requirements and State
regulations, shall be administered to all persons who apply for certification as an operator of pyrotechnic
displays. This examination shall be developed or approved by the Director. Length and content of the
examination and the passing grade will be at the discretion of the Director.
Any person may retake the examination when a passing grade is not achieved; however, a waiting period
of thirty (30) days is required after each unsuccessful attempt.
Applicants may receive three successive examination attempts. Should the applicant fail the examination
on the third attempt, he will not be allowed to retake the examination until he produces evidence of
satisfactory completion of an approved program of instruction in conducting fireworks displays.
A company or corporation which utilizes a training and testing program to qualify their personnel may
petition the Division to use this test in lieu of this General Knowledge Fireworks Examination.
CHAPTER XIV LICENSE, CERTIFICATION AND PERMIT FEES
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14.1 GENERAL
The Department of Public Safety will charge the following fees for tests, licenses, certifications and
permits issued under these rules and regulations:
GENERAL KNOWLEDGE FIREWORKS EXAMINATION
RETAILER OF FIREWORKS LICENSE
DISPLAY RETAILER OF FIREWORKS LICENSE
WHOLESALER OF FIREWORKS LICENSE
EXPORTER OF FIREWORKS LICENSE
FIREWORKS DISPLAY OPERATOR CERTIFICATION
PYROTECHNIC OPERATOR CERTIFICATION
$30.00
$50.00
$1,500.00
$1,500.00
$1,500.00
$50.00
$50.00
The above fees are established for licenses, certification and permits issued by the Department of Public
Safety. Consult the local authority to determine their fees for permits, if any, pursuant to C.R.S. 4 -10324-33.5-2003.
Of the above fees, the sum of $50.00 represents the cost to process applications for licensing or
certification. In the event an application for licensing or certification is denied, for any reason, this amount
is non-refundable. Processing fees will not be refunded in the event that local or statewide fireworks
restrictions are enacted. In addition, the above listed fees are non-refundable in the event a license is
suspended or revoked.
Fees may be waived or modified when appropriate at the discretion of the Director or his designee.
Request for waiver or modification shall be in writing.
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